Date: | 03/03/2003 |
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Organization: | Department of Industrial Accidents |
Docket Number: | DIA Board No. 001985-99 |
Location: | Boston |
Referenced Sources: |
Ruth Jenkins v. Nauset, Inc. Monique Taylor v. Morton Hospital & Medical Center Robert F. Dudley v. Yellow Freight System, Inc. Deborah Fairfield v. Communities United |
- Employee: Gail Dunlevy
- Employer: Tewksbury Hospital
- Self Insurer: Commonwealth of Massachusetts
MCCARTHY, J. The self-insurer appeals a hearing decision awarding the employee G. L. c. 152, § 34 weekly total incapacity benefits for an emotional injury found by the judge to be causally related to a compensable back injury. The self-insurer argues that 1) its termination of weekly benefits during the payment without prejudice period amounts to a bona fide personnel action pursuant to G. L. c. 152, § 1(7A),1 and 2) that the evidence is insufficient to establish causal relationship between the industrial back injury and the claimed psychiatric injury. We affirm the decision.